DOUBLE JEOPARDY CASE

Magistrate Iqbal Mahmud apologies to HC for wrongful conviction

M Moneruzzaman | Published: 01:27, Jul 26,2018

 
 

Kishoreganj senior judicial magistrate Md Iqbal Mahmud on Wednesday apologized to the High Court for jailing Habibur Rahman Putul for 18 months in a 2nd case in which he was implicated by money lender Abtab Udin Sentu for realizing a loan of Tk 15 lakh.
A bench of Justice Tariq ul Hakim and Justice Md Shohrowardi ordered magistrate Iqbal Mahmud to explain in two weeks why after committing the serious offence he only apologized to the bench.
The bench issued the directive while hearing a writ petition filed by Habibur Rahman challenging the legality of jailing him for 18 months by magistrate Iqbal Mahmud in the second case flouting the order given by the court of third additional district judge of Kishoreganj Khalemul Kayes discharging him from the same case.
Additional district judge Kayes discharged Habibur Rahman from the 2nd case on the ground that he was facing double jeopardy for the same offence.
Earlier, the bench granted ad-interim anticipatory bail to Habibur Rahman and stayed his conviction.
The money lender filed the second case against Habibur Rahman to recover Tk 15 lakh after the High Court Division had stayed the proceedings in the first case for giving a cheque of Tk 10 lakh that bounced.
On June 19, 2016 the first case was filed under the Negotiable Instrument Act over the bounced cheque while the second case was filed under the Penal Code for the recovery of the money.

Fazlur Rahman appeared for the petitioner and Mahbub Uddin Khokon for the errand magistrate.

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